smitty Posted July 23, 2014 Report Posted July 23, 2014 Chipping away at obamacare: Bit, by bit, by bit!! http://www.washingtonpost.com/national/health-science/federal-appeals-court-panel-deals-major-blow-to-health-law/2014/07/22/c86dd2ce-06a5-11e4-bbf1-cc51275e7f8f_story.html Quote
tvc184 Posted July 23, 2014 Report Posted July 23, 2014 I read both decisions (not the news media's version or opinion) and "IF" the DC court ruling is allowed to stand, it will be the final nail. Of course that is a big IF. Strangely in the dissent from the DC court, the dissenting judge gets political which usually does not come out in the rulings. He starts out his ruling that is supposed to be based on law and not political leanings with "This case is about Appellants’ not-so-veiled attempt to gut the Patient Protection and Affordable Care Act". To me that sounds political by complaining that they are trying to undo a law. Hmmm..... isn't that what constitutional challenges always do.... attempt to undo a law? From the Fourth Circuit I am not saying that they are wrong but I didn't notice where they went against the DC Court's opinion. They seemed to answer a different question in the law. Assuming that the DC Court ruling from one part of the law is valid that it is unconstitutional and the Fourth Circuit's ruling from another part is also true, the DC decision still stands because even if one part of the law stands (Fourth Circuit), the other decision still dismantles the law. In effect, both could be correct but it only takes on to disqualify the law. Quote
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